MORGAN v. GOODSELL

01-CV-0580-AB; A123153.

108 P.3d 612 (2005)

198 Or. App. 385

Michael L. MORGAN and Janet L. Morgan, husband and wife, and Cyndie Harp, individually, Appellants, and Eagle-Air Estates Homeowners Association, Inc., an Oregon non-profit corporation, acting by and through Michael L. Morgan, Janet L. Morgan, and Cyndie Harp, Plaintiff, v. Vernon GOODSELL and Sandra Goodsell, Defendants, and Eagle-Air Estates Homeowners Association, an Oregon non-profit corporation, Respondent.

Court of Appeals of Oregon.

Decided March 16, 2005.


Attorney(s) appearing for the Case

Michael W. Peterkin, Bend, argued the cause for appellants. With him on the briefs were Brian C. Hickman and Michael W. Peterkin, P.C.

Gerald A. Martin, Bend, argued the cause for respondent. With him on the brief was Francis Hansen & Martin, LLP.

Before HASELTON, Presiding Judge, and LINDER and ORTEGA, Judges.


LINDER, J.

Plaintiffs have ownership interests in lots in a 12-lot planned community airpark subdivision. They also are members of the Eagle-Air Estates Homeowners Association (association) that governs the subdivision. Plaintiffs brought this action alleging three claims against the Goodsells, who developed the subdivision, and two claims against the association. The trial court found in favor of defendants on all claims and entered judgment accordingly. After doing...

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